GAR Live 2023, organised by Global Arbitration Review and co-chaired by Mariel Dimsey, secretary general of the Hong Kong Internationalrbitration Center (HKIAC), and David W. Rivkin, independent arbitrator of the Arbitration Chambers, is the annual event that marks the close of the knowledge-sharing sessions of Hong Kong Arbitration Week.
The panel entitled “Judicial supervision: vital safeguard or overreaching risk?” was moderated by Drossos Stamboulakis, barrister, Victorian Bar and senior lecturer of Monash University, with Winnie Tam SC joined by other distinguished speakers Byungwoo IM, partner, Kim & Chang, Koh Swee Yen, S.C., partner, WongPartnership LLP, Matthias Schrader, LL.M. (NYU), partner, Willkie Farr & Gallagher LLP Germany and Patrick Zheng, partner, Llinks Law Offices as panellists.
It was a lively interactive discussion on the following:
– Comparative standards applied by courts when deciding whether or not to set aside/enforce awards
– Implications for the jurisdiction deriving from the courts’ approach to such questions
– Whether a “transnational” or global approach to standards of review exists
Winnie Tam SC shared recent case law in the Hong Kong courts to demonstrate how Hong Kong remains a staunchly pro-arbitration jurisdiction, exercising careful protection of the integrity of the arbitral process, party autonomy, and the public interest in seeing the arbitral process as a fair and just process for dispute resolution.
